Under Section 37 of the NDPS Act, bail for offences involving commercial quantities is restricted unless the court is satisfied that there are reasonable grounds to believe the accused is not guilty and unlikely to commit further offences while on bail.

ORDER

This Criminal Petition is filed praying this Court to enlarge the petitioner on bail who is arrayed as accused No.2 in NCB.F.No.IV/4/31/Cr.No.08/2025/HYD, on the file of the learned XI Additional Chief Judicial Magistrate, Secunderabad, registered for the offences punishable under Sections 8c read with 22c, 28 and 29 of NDPS Act.

2. The brief facts of the case are that on 29.10.2025, based on credible information, the officials of NCB, Hyderabad Zone, conducted a raid near Taj Mahal Hotel, Paradise, Secunderabad, and intercepted four persons including the petitioner/A-2. During the operation, 3.15 kilograms of Alprazolam and cash of Rs.7,70,000/- were allegedly seized. The accused persons allegedly confessed their involvement in procurement, possession and transport of the contraband for illegal gain.

3. Heard Sri S. Sudarshan, learned counsel appearing on behalf of the petitioner as well as Sri N. Bhujanga Rao, learned Deputy Solicitor General of India appearing on behalf of the respondent – State.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case and except the alleged confessional statement, there is no material evidence connecting him with the offence and that the seizure of contraband was not from the petitioner and there are several procedural violations under Sections 42, 43, 50 and 52-A of the NDPS Act. He further submits that the confession made before the NCB officials has no evidentiary value. It is also submitted that the petitioner is a retired Government employee aged about 64 years, suffering from serious heart and kidney ailments, and has been in judicial custody for a considerable period while the investigation is substantially completed. Therefore, he prayed the Court to grant bail to the petitioner by allowing this Criminal Petition.

5. Learned Standing Counsel opposed the bail application contending that a commercial quantity of Alprazolam was seized during the raid and the petitioner was found in possession of cash allegedly connected with the illegal transaction and that the petitioner along with the other accused was involved in procurement and transportation of the contraband and the offences alleged are grave in nature attracting the rigors under Section 37 of the NDPS Act. Therefore, he prayed the Court to dismiss the criminal petition.

6. This Court, considering submissions made by both the learned counsel and reviewing the material available on record, it is noted that the contention of the petitioner that the case is false, fictitious, and fabricated, the case was registered without following the due procedure. However, the Additional Public Prosecutor opposes bail citing commercial quantity weighing 3.15 kilograms of Alprazolam. At this stage, it is pertinent to note Section 37 of the NDPS Act, which reads as under:

“37. Offences to be cognizable and non-bailable. -- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),--(a) every offence punishable under this Act shall be cognizable;

(b) no person accused of an offence punishable for 1[offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless--

(i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and

(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such